A Certified Question Needs A Substantive Response By Board

Mark Bogen CONDO LAW

July 6, 1997|Mark Bogen

Q. I own a unit in a large condominium in Fort Lauderdale. I wrote a letter to our board of directors complaining about the way the board spends our money.

After reviewing our budget, it appears that our board hires the most expensive lawn and pool service companies in the area. In addition, we have an on-site maintenance employee who receives a $50,000 salary, which I feel is very high. The board refuses to answer my letter and will not address these issues when I bring them up at the meetings. Does the board have to provide me with a response?

A. If you send your letter by certified mail to the board, the board shall respond to you within 30 days of receipt of the complaint. According to Chapter 718.112, Florida Statutes, the board's obligation is to give you a substantive response, notify you that a legal opinion has been requested or that an opinion from the division has been requested. Failure to provide a substantive response precludes the board from recovering attorney's fees and costs if litigation should occur between you and the association.

Q. I am a recently elected board member of our condo in Coral Springs. I read your recent column regarding the placement of hurricane shutters on unit owners' windows. Recently, our board decided to have hurricane shutters installed on the clubhouse. Many unit owners claim the board needs to get unit owner approval before we can have the shutters placed. Do we need that approval?

A. According to Chapter 718.115, Florida Statutes, the expense of installation of hurricane shutters by the board is a common expense. Assuming the shutters were placed on common elements, board members were justified in their actions.

Q. The board at my Boca Raton condo recently hired a cleaning company to clean the clubhouse, office and other facilities on the association property. Members of the board also have their units cleaned by the company every week for free. Many unit owners feel it is unfair for the board to receive free cleaning services. Are members of the board allowed to receive these free services in exchange for hiring a company?

A. No. According to Chapter 718.111(1)(a), Florida Statutes, an officer, director, or manager may not solicit, offer to accept or accept any free item or service of value for his own benefit or that of his immediate family, from any person providing or proposing to provide goods or services to the association.

Condo Law appears on Sundays. Mark Bogen is a Boca Raton lawyer. Write to him at the Sun-Sentinel, 3333 S. Congress Ave., Delray Beach, FL 33445.